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gh Package Product Testing and Consulting, Inc. v. Buttigieg

DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) launched an administrative enforcement proceeding in November against NCLA’s client, gh Package Product Testing and Consulting, Inc., which tests packages used to safely transport hazardous materials. PHMSA claimed the company submitted test reports with minor inaccuracies that violated DOT regulations. PHMSA did not claim the company knew or should have known about the alleged inaccuracies, despite civil penalties only applying to “knowing” violations.

DOT’s in-house administrative adjudicators are illegitimate under the Constitution’s Article II, as they are civil servants not appointed by the President or DOT Secretary and shielded from presidential removal. Agency officials act as both judges and prosecutors in these tribunals and do not disclose evidence that would exonerate defendants, despite long-standing Supreme Court precedent mandating that the government disclose exculpatory evidence in criminal cases. DOT’s in-house proceedings also lack jury trials on questions of fact, running afoul of the Seventh Amendment right to a jury trial for civil cases.

NCLA requested a preliminary injunction in August 2023 to stop the unconstitutional proceeding against gh. Just days before PHMSA was to file its final brief opposing such injunction, it withdrew its notice accusing the company of probable wrongdoing, thus ending the unlawful proceeding as NCLA requested. NCLA vindicated its client in this successful case against an abuse of power by the DOT.

Kara Rollins
Litigation Counsel
Sheng Li
Litigation Counsel
NCLA FILINGS

Stipulated Dismissal

December 19, 2023 | Read More

Plaintiff’s Opposition to Defendants’ Motion to Dismiss and Reply in Support of Plaintiff’s Motion for Preliminary Injunction

October 26, 2023 | Read More

Plaintiffs’ Combined Motion for a Preliminary Injunction and Memorandum in Support of the Motion

August 28, 2023 | Read More

Complaint For Declaratory and Injunctive Relief

June 26, 2023 | Read More

PRESS RELEASES

NCLA Asks Federal Court to Halt Illegitimate U.S. Dep’t of Transportation Administrative Proceeding

August 28, 2023 | Read More

NCLA Suit Aims to Take Down Unconstitutional Enforcement Regime at the U.S. Dep’t of Transportation

June 28, 2023 | Read More

IN THE MEDIA

How the Administrative State Targets Small Business Owners

NCLA Blog

June 29, 2023

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